The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-04
READS LIKE A ROM ANCE.
rWO FLORIDIANS CLEARED FROM
AN UNJUST CHARGE.

md ]. NJ Griggs, of Dawson, who have
or some weeks been engaged in an effort to
,btain pardon for John r. and Charles A.
Kelly, brothers. came to Atlanta Saturday
light with their clients, who voluntarily sur
endered. A hearing was heard before the
Governor to-day and this afternoon the par
lon was granted. The Governor based his
lction on the numerous petitions fromTerrell
county, signed by the recent grand jury,
survivors of the traverse jury who convict
I'd. Judge Harrell who presided, the prose-
cutting attorney and the county officials and
ex-officio officers; the acquittal of the
murder of c. T. Ames on the ground of self
defense, and that ON the best legal authority
The verdict of voluntary manslaughter on
account of the accidental killing of Oxford
cannot be sustained by the law and the facts
In this case.
The applicants for executive clemency are
two of Florida's most prominent citizens
and their story is an interesting one. The
Constitution tells the following story of
their lives:
Some years ago John R. Kelly and Charles
A Kelly, brothers, were two of Terrell
county's best and most highly respected cit
liens. They were bright, intelligent, up
right men who had, by their genial quail
ties and sterling integrity, won the respect
end esteem of all their neighbors. No men
in Dawson, their home, stood higher. Such
thing as either ever being charged with
crime of any kind had never been thought of.
The story is soon told:
On Nov 2, 1870, Ames' circus, one of
those struggling affairs whose main charac-
teristic was its gang of dirty hangers-on,
showed in Dawson. Just before the circus
opened in the evening man named Russell,
a resident of Dawson county, started, with
his wife and family, into a side show. He
had purchased tickets at the ticket wagon,
but as he started in the doorkeeper stopped
him, saying that he was trying to pass
in more than he had paid for Russell
denied this, claiming that he had paid
for them all. Without paying any atten-
ton to Mr.. Russell's statement the door
keeper grabbed Mrs. Russell, who had gone
ahead and was about to enter the tent, and
drew her back, handling her pretty roughly.
Russell then and there had an alteration
with the doorkeeper, who evidently believ-
ing discretion one of the leading traits of a
valiant nature, made for the inside of the
tent. Russell followed him,
Just about this time John R. Kelly, ac-
companied by his young wife and sister-in-
law, appeared upon the scene and, knowing
nothing of the trouble, wanted to go in and
see the side show While the Kelly party
stood waiting outside the ropes for an oppor-
tunity to go in q new doorkeeper. evidently
one of the fighting men" of the circus, came
out to take a hand in the running of affairs
In his hand he held a Misunderstanding
derringer. Making for Kelly, whom he
doubtless mistook for Russell the circus
man pushed him back roughly, saying: ''rm
going to put stop to this swindling bust
ness. There is going to be no more of this
passing in more people than you pay forn
He kept on pushing Kelly until the latter
decided that he had been pushed enough
and, planting himself there, said he would
go no further.
At this stage of the proceedings Ames,
proprietor of the show, and a number of his
hangers-on and thugs, put in an appearance.
All were armed to the teeth with shooting
irons. Kelly was handed a pistol-the testi-
mony on this point is understood to be
somewhat contradictory facing the
circus men he said to them that they could
not drive him away, as he had come to
stay.
It was at this time that Charles Kelly put
in an appearance upon the scene.
Seeing that his brother was in trouble, he
walked up, presumably with the intention
of making peace, if possible. Before he
could say anything, Ames rushed up to the
Kellys, and pointing his derringer at them
said he would blow h out of them.
Then the firing began.
The testimony in the trials which followed
showed that it was absolutely impossible to
tell who fired the first shot. Several shots
were fired in rapid succession, and then
there was general fusilade.
This lasted probably fifteen or twenty
seconds, and when the smoke cleared away
it was found that Ames had been shot
through the stomach. He died the next
day.
An innocent bystander was also victim
70 the inevitable stray bullet. During the
melee David Oxford, a brother-in-law of the
man Russell, over whom the row started,
was standing within the side show entirely
out of sight OF the shooting. He was struck
by bullet and killed. Whether the bullet
which killed him came from the pistol of
one of the fighters outside or whether he
was deliberately murdered by some
one of the circus men has
never been determined. At the
time of his death Russell was standing by
his side. Russell testified that he heard the
ballet strike Oxford, and, looking up, saw
the Snowman with whom he (RusselD had
had the first alteration standing in the
doorway of the tent pointing a smoking
pistol toward Oxford.
One thing which the testimony on this
point did develop was that it was impossible
for either of the kellys TO have killed Ok
ford for the reason that they were shooting
i'm a southerly direction, while Kelly was
standing little north of west Of them.
Several trials followed.
The Kelly brothers were indicted for the
murder of Anes, and upon the trial of the
case were acquitted. They were then in
dicted for the murder of Oxford. and Gov
Bullock employed special Counsel, S. d. Ir
vim, to prosecute the case, which he die
with such vigor that he succeeded in con
1icting the brothers of mallslaughter, the
conviction being based upon the genera
proposition of law that If the Kellys were
there with pistols they were there unlaw
fully, and il a homicide was committed
upon the person Of an innocent bystander
they were guilty of involuntary man
slaughter in the commission of an unlawful
act.
The jury returned its verdict early Sun.
day morning, and ut about . o'clock the
Kellys walked out of the jail in which they
had been confined and easily ma1e their es-
cape The streets Of Dawson We're full ot
people, ali of whom knew the two men well
but they were not interfered with at all.
On The contrary the people took an interest
In their welfare, and all whom they met
wished them God speed.
Gov. Bullock offered a reward Of $500 for
their arrest. In those days $500 was big
sum TO the average citizen of Dawson, and
many doubtless needed the money, but al
though almost everybody knew the where
ab0uts Of the refugees, none would give any
information tending TO lead 10 their capture.
q 4 Al